SCO Delisted as of Today

SCO Delisted as of Today - Updated

by Pamela Jones
Groklaw

December 27 2007

All those Mesirow [ http://www.groklaw.net/article.php?story=20071220180053643 ] and legal hours [ http://www.groklaw.net/article.php?story=20071121192549394 ] working on the SEC delisting did not pay off. SCO announces today that Nasdaq has sent them a letter. SCO will be delisted as of December 27. They found out on the 21st, it seems, but they tell us today. Here's the press release [ http://biz.yahoo.com/prnews/071227/lath028.html?.v=101 ], where they once again describe themselves as "a leading provider of UNIX software technology and mobile services". Here's a shift:

SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers.

Too bad they claimed so much more, because the end game isn't turning out to be so much fun for them. What is the moral of the story? I'd say it's that you can't stop Linux or FOSS with manufactured lawsuits. Oh. And don't sue IBM unless you actually have a case. I think we can all agree on that, after the lawyering we've been privileged to observe since 2003.

So, no more SCOX [ http://finance.yahoo.com/q/bc?s=SCOX&t=1d ]. It's SCOXQ.PK [ http://finance.yahoo.com/q?s=SCOXQ.PK ] now, flatlined, PK meaning pink sheet. There is a bit more detail in the 8K [ http://www.sec.gov/Archives/edgar/data/1102542/000095013407026193/v36780e8vk.htm ] filed with the SEC.

Here's the 8k [ http://finance.yahoo.com/q?s=SCOXQ.PK ] on Yahoo!, followed by today's press release, followed by the press release SCO released the day they sued IBM back in 2003 [ http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=103273 ], for comparison purposes and for history's sake, and then finally a Google chart showing SCO stock from April of 2003 to the day before the delisting, December 27, 2007:

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Form 8-K for SCO GROUP INC

December 27, 2007

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Tra[nsfer of Listing]

Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

On September 18, 2007, The SCO Group, Inc. (the "Company") received a Nasdaq Staff Determination letter (the "Determination") from the Listing Qualifications Department (the "Staff") of The Nasdaq Stock Market indicating that, as a result of the Company's having filed for protection under Chapter 11 of the U.S. Bankruptcy Code, the Staff determined, using its discretionary authority under Nasdaq Marketplace Rules 4300 and IM-4300, that the Company's securities would be delisted from The Nasdaq Stock Market and that trading in the Company's common stock would be suspended unless the Company filed an appeal of the Determination.

The Company filed for an appeal of the Determination. On November 8, 2007, the Company had a hearing before the Nasdaq Listing Qualifications Panel (the "Panel") to review the Determination.

On December 21, 2007, the Company received a letter from the Panel, informing the Company that the Panel had determined to delist the Company's securities from The Nasdaq Stock Market and will suspend trading of the securities effective at the open of business on Thursday, December 27, 2007.

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SCO Receives Nasdaq Notice Letter

Thursday December 27, 1:24 am ET

LINDON, Utah, Dec. 27 /PRNewswire-FirstCall/ -- The SCO Group, Inc. ("SCO") (Nasdaq: SCOX - News), a leading provider of UNIX® software technology and mobile services, today announced that it received a Nasdaq Staff Determination letter on December 21, 2007 indicating that as a result of having filed for protection under Chapter 11 of the U.S. Bankruptcy Code, the Nasdaq Listing Qualifications Panel has determined to delist the company's securities from the Nasdaq Stock Market and will suspend trading of the securities effective at the open of business on Thursday, December 27, 2007.

About SCO

The SCO Group (Nasdaq: SCOX - News) is a leading provider of UNIX software technology and mobile services. SCO offers UnixWare for enterprise applications and SCO OpenServer for small to medium businesses. SCO's highly innovative and reliable solutions help customers grow their businesses everyday, especially into the emerging mobile market. SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers. The Me Inc., product line focuses on creating mobile platforms, services and solutions for businesses and enhances the productivity of mobile workers.

Headquartered in Lindon, Utah, SCO has a worldwide network of thousands of resellers and developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com.

SCO and the associated logos are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries.

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SCO Files Lawsuit Against IBM

SCO files billion dollar lawsuit for misappropriation of trade secrets,
tortious interference, unfair competition and breach of contract

LINDON, Utah-March 7, 2003-The SCO® Group (SCO) (Nasdaq: SCOX), the owner of the UNIX operating system, announced today that it has filed legal action against IBM (NYSE:IBM) in the State Court of Utah, for misappropriation of trade secrets, tortious interference, unfair competition and breach of contract. The complaint alleges that IBM made concentrated efforts to improperly destroy the economic value of UNIX, particularly UNIX on Intel, to benefit IBM's new Linux services business.

IBM originally entered into their UNIX license agreement with AT&T in February 1985 in order to produce the AIX operating system. These agreements require that the UNIX software code be held in confidence, and prohibit unauthorized distribution or transfer.

In 1995, SCO purchased the rights and ownership of UNIX and UnixWare that had been originally owned by AT&T. This included source code, source documentation, software development contracts, licenses and other intellectual property that pertained to UNIX-related business. SCO became the successor in interest to the UNIX software licenses originally licensed by AT&T Bell Laboratories to all UNIX distributors, including HP, IBM, Silicon Graphics, Sun Microsystems, and many others.

As a result of IBM's unfair competition and the marketplace injury sustained by SCO, SCO is requesting damages in an amount to be proven at trial, but no less than $1 billion, together with additional damages through and after the time of trial.

SCO is also demanding that IBM cease these anti-competitive practices based on specific requirements sent in a notification letter to IBM. If these requirements are not met, SCO will have the authority to revoke IBM's AIX license 100 days following the receipt of SCO's letter.

SCO's letter and complaint have been filed by the law firm of Boies, Schiller and Flexner. SCO announced in January that the law firm had been retained to research and investigate possible violations of SCO's intellectual property.

"SCO is in the enviable position of owning the UNIX operating system," said Darl McBride, president and CEO, SCO. "It is clear from our stand point that we have an extremely compelling case against IBM. SCO has more than 30,000 contracts with UNIX licensees and upholding these contracts is as important today as the day they were signed."

A copy of SCO's complaint is on file with the State Court of Utah and can also be found at www.sco.com/scosource.

Teleconference

SCO has scheduled a teleconference regarding this announcement for 11:00 a.m. Eastern time on March 7, 2003. Press and analysts who are interested in participating in this announcement should call:

Toll Free within North America: (800) 289-0496
Toll Callers: (913) 981-5519
Toll Free within Europe: +800-7777-1112
Confirmation Code to enter call: 490616 Participants should dial into the teleconference 5 to 10 minutes prior to the scheduled start time.

SCO will offer an audio recording of this teleconference within two hours following the call. This recording will be available for 30 days, both by phone and via the Web.

To access the audio recording by phone, dial:
Toll: 719-457-0820
Toll Free: 888-203-1112
Participants will need to enter the following confirmation code: 490616
To access the audio recording via the Web, go to the following URL:
http://www.sco.com/scosource/

About The SCO Group

The SCO Group (NASDAQ: SCOX) helps millions of customers in more than 82 countries to grow their businesses with UNIX business solutions. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 16,000 resellers and 8,000 developers. SCO Global Services provides reliable localized support and services to all partners and customers. For more information on SCO products and services visit http://www.sco.com.

SCO, SCOsource, UnixWare and the associated SCO logo are trademarks or registered trademarks of Caldera International, Inc. in the U.S. and other countries. UNIX, used under an exclusive license, is a registered trademark of The Open Group in the United States and other countries. Linux is a registered trademark of Linus Torvalds. All other brand or product names are or may be trademarks of, and are used to identify products or services of, their respective owners.

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09:26 AM EST